Monday, February 8, 2010

Supreme Court arguments February 9, 2010

9:45 a.m. Borek Cranberry Marsh, Inc. v. Jackson County (2008AP1144) review of the Court of Appeals decision, 2009 WI App 129, on the issues:
Did the 1978 deed from Jackson County to Borek’s predecessor in title convey the right to extract sand only to the grantee, or to the grantee and his heirs and assigns?

Should the 1978 deed be interpreted in the county’s favor according to Brody v. Long, 13 Wis. 2d 288, 108 N.E.2d 662 (1961) (deeds are to be construed in favor of public bodies)?
Synopsis at Supreme Court accepts seven new cases


10:45 a.m. Groshek v. Trewin (2008AP787) review of the Court of Appeals decision on the issues:
May punitive damages be awarded to a plaintiff who sought and obtained equitable relief?

Does an attorney owe a fiduciary duty to former clients when negotiating and entering into a transaction with them, when they are represented by independent successor counsel, and allegedly have sought out the transaction and initiated negotiations?
Synopsis at Supreme Court accepts four new cases


1:30 p.m. State v. Imani (2008AP1521-CR) review of the Court of Appeals decision, 2009 WI App 98, on the issue:
Whether a remand for a new trial or for a retrospective evidentiary hearing is the appropriate remedy following a circuit court’s omission to conduct a self-representation colloquy under State v. Klessig, 211 Wis. 2d 194, 564 N.W.2d 716 (1997).
Synopsis at Supreme Court accepts eight new cases